If the Information Ministry gets the downlinking guidelines through in its present form, the Government will be able to regulate the contents of satellite channels uplinked from abroad and all cricket matches involving India will be available on Doordarshan, always.
Under the proposed guidelines, satellite channels need to be registered in India, irrespective of their equity structure or foreign ownership/control, and will have to seek permission to downlink.
Companies beaming across India will have to strictly adhere to broadcasting norms. If they transmit unauthorised contents, messages or communication inconsistent with public interest or national security “the permission granted shall be revoked”. This period can last from 30 days to five years.
The guidelines for news channels are stricter. These channels will not be allowed to carry advertisements aimed at or designed specifically for Indian public. The channels ought to be “standard international” ones which have been “permitted to be telecast in the country of its uplinking by the authority of that country”.
The downlinking policy proposes that “in the event of war, calamity or issues of national interest, the government shall have the power to prohibit for a specified period the downlinking, reception transmission and retransmission of these channels”. It also has provisions to ensure widest availability of certain popular events, irrespective of broadcast rights.
The guidelines, which are awaiting approval from the Group of Ministers, state that “no registered TV channel shall carry a live broadcast of whole or part of any event so listed unless simultaneously the Prasar Bharati has also been offered the terrestrial and DTH broadcasting rights for carrying the same on reasonable rates”. This is being done to ensure important sports events get the widest possible viewership.
The Information and Broadcasting Ministry has said the Government’s efforts to strengthen control over satellite channels “have not proved wholly adequate to regulate the channels — with no licensing or registration of channels, enforcement is rather weak and depends largely voluntary compliance”.
The ministry’s note says that apart from the regulatory frameworks under the Cable TV Networks (Regulation) Act “there are no restrictions on downlinking of signals from a satellite channel, either in C or Ku-band”.
The new guidelines would “enable to determine the suitability of the programmes being seen by Indian public” the channel says.
Television channels would have to furnish details, including the model, make and manufacturers of the equipment used for downlinking when applying for licences.
Satellite channels must “give intimation to the Ministry of I&B regarding change in the directorship, key executives or FDI inflow within 15 days of such change taking place”.
The channels would have to adhere to broadcast norms and the broadcaster “shall keep a record of programmes downlinked for 90 days and produce it before the government as and when required”.
The companies are expected to provide decoders only to registered cable or DTH operators and should ensure that all their channels are registered separately in case there are available in India.